[Federal Register Volume 74, Number 247 (Monday, December 28, 2009)]
[Pages 68567-68568]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-30626]



Patent and Trademark Office

Submission for OMB Review; Comment Request

    The United States Patent and Trademark Office (USPTO) will submit 
to the Office of Management and Budget (OMB) for clearance the 
following proposal for collection of information under the provisions 
of the Paperwork Reduction Act (44 U.S.C. Chapter 35).
    Agency: United States Patent and Trademark Office (USPTO).
    Title: Patent Reexaminations.
    Form Number(s): PTO/SB/57 and PTO/SB/58.
    Agency Approval Number: 0651-00XX.
    Type of Request: New collection.
    Burden: 161,128 hours annually.
    Number of Respondents: 5,124 responses per year.
    Average Hours per Response: The USPTO estimates that it will take 
the public approximately 18 minutes (0.30 hours) to 148 hours to gather 
the necessary information, prepare the appropriate form or other 
documents, and submit the information to the USPTO.
    Needs and Uses: The USPTO is required by 35 U.S.C. 131 and 151 to 
examine applications and, when appropriate, allow applications and 
issue them as patents. Chapter 30 of Title 35 U.S.C. provides that any 
person at any time may file a request for reexamination by the USPTO of 
any claim of a patent on the basis of prior art patents or printed 
publications. Once initiated, the reexamination proceedings under 
Chapter 30 are substantially ex parte and do not permit input from 
third parties. Chapter 31 of Title 35 U.S.C. provides for inter partes 
reexamination allowing third parties to participate throughout the 
reexamination proceeding. The rules outlining ex parte and inter partes 
reexaminations are found at 37 CFR 1.510-1.570 and 1.902-1.997.
    Information requirements related to patent reexaminations are 
currently covered under OMB Control Number 0651-0033, along with other 
requirements related to patent issue fees and reissue applications. The 
USPTO is proposing to move the following items that are under 0651-0033 
into a new information collection for Patent Reexaminations: Request 
for Ex Parte Reexamination Transmittal Form; Request for Inter Partes 
Reexamination Transmittal Form; Petition to Review the Refusal to Grant 
Ex Parte Reexamination; Petition to Review the Refusal to Grant Inter 
Partes Reexamination; and Petition to Request Extension of Time in Ex 
Parte or Inter Partes Reexamination.
    The USPTO is also proposing to include additional items related to 
patent reexaminations in this new information collection: Request for 
Ex Parte Reexamination; Request for Inter Partes Reexamination; Patent 
Owner's 37 CFR 1.530 Statement; Third Party Requester's 37 CFR 1.535 
Reply; Amendment in Ex Parte or Inter Partes Reexamination; Third Party 
Requester's 37 CFR 1.947 Comments in Inter Partes Reexamination; 
Response to Final Rejection in Ex Parte Reexamination; Patent Owner's 
37 CFR 1.951 Response in Inter Partes Reexamination; and Third Party 
Requester's 37 CFR 1.951 Comments in Inter Partes Reexamination. These 
additional items are existing information requirements that previously 
were not fully covered by an information collection and are now being 
included in order to more accurately reflect the burden on the public 
for submitting requests related to patent reexaminations.
    The public uses this information collection to request 

[[Page 68568]]

proceedings and to ensure that the associated fees and documentation 
are submitted to the USPTO.
    Affected Public: Individuals or households; businesses or other 
for-profits; and not-for-profit institutions.
    Frequency: On occasion.
    Respondent's Obligation: Required to obtain or retain benefits.
    OMB Desk Officer: Nicholas A. Fraser, e-mail: [email protected].
    Once submitted, the request will be publicly available in 
electronic format through the Information Collection Review page at 
    Paper copies can be obtained by:
     E-mail: [email protected]. Include ``0651-00XX 
Patent Reexaminations copy request'' in the subject line of the 
     Fax: 571-273-0112, marked to the attention of Susan K. 
     Mail: Susan K. Fawcett, Records Officer, Office of the 
Chief Information Officer, United States Patent and Trademark Office, 
P.O. Box 1450, Alexandria, VA 22313-1450.
    Written comments and recommendations for the proposed information 
collection should be sent on or before January 27, 2010 to Nicholas A. 
Fraser, OMB Desk Officer, via e-mail at [email protected], or by fax to 202-395-5167, marked to the attention 
of Nicholas A. Fraser.

    Dated: December 17, 2009.
Susan K. Fawcett,
Records Officer, USPTO, Office of the Chief Information Officer.
[FR Doc. E9-30626 Filed 12-24-09; 8:45 am]